Salvador Caban v. United States

FEINBERG, Chief Judge:

Salvador Caban appeals from a grant of summary judgment by the United States District Court for the Southern District of New York, Lee P. Gagliardi, J., dismissing his complaint under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., for damages resulting from his arbitrary detention by agents of the Immigration and Naturalization Service (INS). This appeal requires us to consider both the scope of the discretionary function exception to the FTCA, § 2680(a), and also how that exception is affected by the 1974 amendment to the Act, § 2680(h),…